People v. Hogan

PETERS, J.

After a trial without a jury, defendant was found guilty of robbery in the first degree. The court also found that he was armed at the time of the commission of the offense. The court denied probation, sentenced him to imprisonment for the term prescribed by law, ordered a diagnostic study, and retained jurisdiction pursuant to sections 1168 and 5079 of the Penal Code. Defendant has appealed.

James H. Brown testified that after a dice game in which defendant, whom he had known for two years, won seven dollars from him, defendant went to his automobile, a 1964 Thunderbird, obtained a gun, forced Brown to take approximately $500 from his pocket and throw it on the ground, ordered Willie Cason who had picked up $400 to hand it to him, and then drove away with a friend, James Perry, Jr. Brown reported the robbery to the police. Cason, who was a

[890]

fellow employee of Brown, corroborated his testimony in most significant respects. I

Defendant testified that after the dice game Brown said hH was going to kill him, that Brown went to his car and defend» ant to his, that Brown came from behind his car with hiH hand in his pocket, that, thinking Brown had a gun, he drew a pistol and told Brown to pull his hand out of his pocket* that as Brown did so money fell out of his pocket, that h<H and Perry drove off, and that he did not ask for any money! did not take any of it and did not know what happened to itH Perry, who was a friend of defendant’s for 25 years, corrobH orated defendant’s testimony in most significant respectsB except that he said that after the money fell to the grouncH and blew around, a “tall guy” came to the car and gav< defendant some money.

Six days after the robbery defendant was arrested while driving the Thunderbird on the freeway. The arresting office) testified that four or five days earlier there was an all unit' broadcast of two described robbery suspects and a vehicle description of a 1964 Thunderbird, black over green, with

í

license number SSD 198. Upon spotting the car, he callee police communications and was advised that the vehicle wae stolen and to hold the occupants for robbery. As the officei approached the car, he noticed defendant had his hand in the center console of the car and that in his hand was a revolver He told defendant to drop the gun, defendant did so, and the officer arrested him. The gun was introduced into evidence and identified as the one used in the robbery.